Terms of Use
INTRODUCTION
Welcome to the web site ("Site") for Bogs ("Bogs").
We are extremely appreciative that you have made the Bogs Site your site for shoes. Please feel free to use and enjoy this Site and the services, including the viewing and purchasing of our shoes and related products ("Services"), which we offer. We would like you to know that by accessing, browsing and/or using this Site, you acknowledge that you have read, understood and agreed to be bound by these Terms and conditions of use ("Terms"), including the Privacy Policy, and to comply with all applicable U.S. laws and regulations. You also agree not to in any way alter or tamper with the software on or the operations of this Site or in any way compromise the security of the Site or Bogs's Services. In addition, you hereby represent and certify that you are at least 18 years of age. If you do not or cannot agree to the Terms, please do not use the Site or any of the Services offered through the Site. In addition, from time to time, Bogs may need to change or modify these Terms and, as such, Bogs reserves the right, in its sole discretion, to do so as needed. Your continued viewing of or use of the Site following the posting of any changes to the Terms will constitute your agreement to any such changes. We hope that you will find the Site and our Services useful and come back to visit us offen!
WEYCO GROUP, INC.'S INTELLECTUAL PROPERTY RIGHTS; LINKING; FRAMING
Bogs displays/offers content on the Site for you to examine. An example of some of the content included: text graphics, photographs, pictures, drawings, animation, audio, video, literature and any other material distributed by Bogs and/or in connection with this Site. Moreover, Bogs attempts to display the content in a way that will be easily accessible and useful for you, the customer. Therefore, the selection and arrangement of this content, as well as the software published on the Site, are owned by and subject to copyright and or patent protection of either The Bogs or by a third party that authorizes Bogs to make such content available to you. In addition, all the trademarks, service marks, trade names, product names, company names, domain names, patented products, and logos appearing on this Site are proprietary to Bogs or are the property of their respective owners. Also, unless approved in writing in advance by The Bogs, you agree not to: (a) provide or create a link to the Site; and (b) create any frames at any other web sites pertaining to or using any of the content located at this Site. If you do want to link to the Site, please contact the Bogs Brand Customer Service Manager at customer.service@bogsfootwear.co.nz to seek approval.
However, if you like, you may copy the content for your personal use, but you must retain any copyright, trademark, patent and/or other proprietary notice on the copied information. Furthermore, these Terms do not give you any right to reproduce, distribute, transmit, publish or commercially exploit any information provided by Bogs without permission of the owner of the copied information.
WARRANTY DISCLAIMER
The content, products and services of Bogs are provided "as is" and without warranties of any kind, either express or implied, including, but not limited to, the implied warranties of the merchantability and fitness for a particular purpose. Bogs does not warrant that any part of this site will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or other harmful components. Bogs does not warrant or make any representations regarding the use or the use of this site in terms of its quality, correctness, accuracy, reliability, or otherwise. You should therefore verify any information btained from this site before acting on it. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you to the extent not allowed by such law. Bogs explicitly disclaims any responsibility for the accuracy, content, availability of the information, products, services or merchandise found on sites that link to or from third parties. Bogs cannot be held responsible for the materials contained on third party sites and/or related services nor does Bogs make any representations or warranties as to the security of any information you might be requested to give any third party, and you hereby irrevocably waive any claim against The Bogs with respect to such sites and services.
LIMITATION OF LIABILITY
To the furthest extent permitted by law, under no circumstances including, without limitation, The Bogs's negligence, shall Bogs be liable for any damages including, without limitation, direct, special, indirect, consequential and/or incidental damages that result from your use or inability to use this site, any of Bogs.com's content and/or any related software, even if The Bogs or an authorized Bogs representative has been advised of the possibility of such damages. Applicable law may not allow the limitations or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you to the extent not permitted by such law. Notwithstanding anything else contained in these terms in no event shall Bogs's total liability to you for any damages, losses, claims and causes of action, whether in contract, tort, negligence or otherwise (collectively "damages") exceed the amount paid by you for the Bogs's products purchased out of which any damages may have arisen. Further, you shall indemnify, defend and hold harmless Bogs, its affiliates, subsidiaries, officers, directors, employees and agents, from and against any and all damages, claims and actions brought by you or any third party resulting from your use of this site in violation of these terms or the infringement by you of any intellectual property right of any person or entity.
GOVERNING LAW; VENUE; WAIVER; SEVERABILITY
Bogs is located in Wisconsin and, therefore, the laws of the State of Wisconsin (excluding any principles of conflicts of laws) govern your use of the Site, Services and this agreement. Any legal action or proceeding relating to your access to, or use of, this Site or Bogs's Services shall be instituted only in a State or Federal Court located in Milwaukee County, Wisconsin U.S.A. You and Bogs hereby agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.
Furthermore, no delay or omission by Bogs to exercise any right or any noncompliance on your part with respect to the Terms shall impair any such right or be construed to be a waiver by Bogs If any provision of the Terms is found by a court of competent jurisdiction to be invalid or unenforceable in whole or in part. Such provision shall, as to such jurisdiction, to be ineffective to the extent of such invalidly or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction, provided, however, if such invalid or unenforceable provisions may be modified so as to be valid and enforceable as a matter of law, such provision will be deemed to have been modified so as to be valid and enforceable to the maximum extent permitted by law.